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  • Patent Law - Week 10

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    meganggiblin
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    This document discusses several aspects of patent law. It notes that in Germany the most persuasive case law comes from Senior Court German decisions, UPC case law, and the EPC Convention. It also mentions that trademarks must be applied for within certain classification classes and prior art will only be considered within the chosen class. Examples are given of passing off cases involving similar brand marks on pill bottles and rum, as well as trademark infringement between identical marks.

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    This document discusses several aspects of patent law. It notes that in Germany the most persuasive case law comes from Senior Court German decisions, UPC case law, and the EPC Convention. It also mentions that trademarks must be applied for within certain classification classes and prior art will only be considered within the chosen class. Examples are given of passing off cases involving similar brand marks on pill bottles and rum, as well as trademark infringement between identical marks.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    4 views1 page

    Patent Law - Week 10

    Uploaded by

    meganggiblin
    This document discusses several aspects of patent law. It notes that in Germany the most persuasive case law comes from Senior Court German decisions, UPC case law, and the EPC Convention. It also mentions that trademarks must be applied for within certain classification classes and prior art will only be considered within the chosen class. Examples are given of passing off cases involving similar brand marks on pill bottles and rum, as well as trademark infringement between identical marks.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Patent Law – Class 10

    e.g. Germany – most persuasive case law is German case law


    - Senior Court German
    - UPC case law
    - EPC Convention
    - Can also use US case law
    - Australia
    - Common vs Civil case law

    Nice Classifications
    - Apply for trademark within certain classes
    - Prior art within chosen class

    Combined brand mark


    - Pill bottles (passing off)
    - Captain Morgans vs Fake Morgans (passing off) – pure similarly – “a moron in a
    hurry”
    - Trademark infringement – being identical

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